LAWS(KER)-2020-12-503

SHAJI Vs. STATE OF KERALA

Decided On December 09, 2020
SHAJI Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Appellants are the accused in Sessions Case No. 201 of 2000 on the file of the Additional Sessions Judge-I, Mavelikkara. The above case is charge sheeted against the appellants and 4 others alleging offence punishable under Sections 143, 147, 148, 447, 324, 307 read with 149 IPC. The 8th accused died after submitting the final report.

(2.) The prosecution case is that, on 18.01.1999 at about 8.00 p.m., all the accused formed themselves into an unlawful assembly with deadly weapons like sword stick, iron rod, stone etc. with a common object of killing CW1 and his father and in furtherance of their common object all the accused nine in number criminally trespassed into the courtyard of the house of CW1. When he came down 1st accused first pelt stone which hit on his chest and thereafter inflicted a cut injury with a sword stick on his left hand and due to that he fell down. At that time, 2nd accused inflicted a cut injury on his left leg with a sword stick and 3rd accused inflicted a cut injury on his nose with a sword stick and 4th accused hit him on his face with a stone and 5th accused beat him with an iron rod. When CW2 father of CW1 intervened, 1st accused inflicted a cut injury on his head and caused fracture on his head with a sword stick and 5th accused beat him with an iron rod and when CW3 their mother intervened, 1st accused inflicted a cut injury on her leg with a sword stick and 9th accused pelted stone against PW2 brother of CW1 and while going away all the accused pelted stone against them and thereby all of them committed the above said offences.

(3.) To substantiate the case, the prosecution examined PW1 to PW8. Exhibits P1 to P20 are the exhibits marked on the side of the prosecution. One witness was examined on the side of defence. Ext. D1 is the exhibit marked on the side of defence. MO1 to MO4 are the material objects.